[Amended 4-8-1985 by L.L. No. 1-1985]
It shall be unlawful for the owner or operator
of any type of vehicle to cause or to permit said vehicle to stand
upon any portion of any public highway, as "highway" is defined by
Section 118 of the Vehicle and Traffic Law of the State of New York,
within the Town of Lake George during the hours from 12:00 midnight
to 10:00 a.m. commencing on November 15 of each and every year and
continuing through the following months of December, January, February
and March, except at such locations where signs permitting such parking
have been erected by the Town of Lake George Highway Department by
order of the Town Board of the Town of Lake George.
The provisions of this article shall not apply
to:
A. Vehicles of the Town of Lake George, to fire apparatus
or equipment, to ambulances or to vehicles engaged in the work of
a public utility.
B. Vehicles actually engaged in the course of construction
or repair of streets or while actually engaged in making deliveries
or rendering services in or upon any property adjacent to the highway
where said vehicle is parked or standing.
C. Disabled motor vehicles which are disabled in such
manner and to such extent that it is impossible to avoid stopping
and temporarily leaving such disabled vehicle in such position for
a reasonable period of time.
[Amended 7-11-1994 by L.L. No. 1-1994]
Every person convicted of a traffic infraction
for a violation of any provision of this article which is not a violation
of any provision of the Vehicle and Traffic Law of the State of New
York shall, for a first conviction thereof, be punished by a fine
of not more than $100 or by imprisonment for not more than 15 days,
or by both such fine and imprisonment; for a second such conviction
within 18 months thereafter, such person shall be punished by a fine
of not more than $200 or by imprisonment for not more than 45 days,
or by both such fine and imprisonment; upon a third or subsequent
conviction within 18 months after the first conviction, such person
shall be punished by a fine of not more than $300 or by imprisonment
for not more than 90 days, or by both such fine and imprisonment.
In addition to the penalties prescribed in §
163-8 above, any vehicle standing upon any portion of any public highway within the Town of Lake George in violation of any of the provisions of this article may be removed by order of or under the authority of the Superintendent of Highways of the Town of Lake George or the Supervisor of the Town of Lake George.
After such removal as authorized by §
163-9 above, the Superintendent of Highways of the Town of Lake George or the Supervisor of the Town of Lake George may cause such vehicle to be stored in a suitable place at the expense of the owner. Such owner or person in charge of the vehicle may redeem the same upon payment to the Town Clerk of the amount of all expenses actually and necessarily incurred in effecting such removal, such charges not to exceed $50, together with any charges for storage, such storage charges not to exceed $5 per day or fraction thereof.
It shall be the duty of such Town Superintendent
of Highways to attempt to ascertain the owner of such vehicle or person
having the same in charge and to notify him of the removal and disposition
of such vehicle and of the amount which will be required to redeem
the same.